For Immediate Release
Toronto, August 23, 1996...B'nai Brith Canada is pleased with today's decision by Federal Court Justice James Jerome to grant judicial review in the case against suspected Nazi war criminal Josef Nemsila. Justice Jerome found that an Immigration Adjudicator had erred in an earlier ruling by concluding that Nemsila was protected by an obscure 1910 law protecting landed immigrants who have been in Canada for more than five years.
If Justice Jerome does not grant certification to appeal today's decision to the Federal Court of Appeal, the case will be remitted to a new Immigration Adjudicator. At that time, the case will be argued based upon substantive rather than technical issues.
David Matas, Honourary Senior Legal Counsel for B'nai Brith Canada issued
the following statement: "Today's decision is a welcome development after a series of procedural
setbacks in prosecuting alleged Nazi war criminal Josef Nemsila. Justice
Jerome's finding clears a major technical hurdle which will allow the case
to be decided based upon the facts.
B'nai Brith has always contended that Nemsila's entry into Canada was based
upon fraud and misrepresentation and was therefore unlawful. Consequently,
Nemsila could not have obtained "domicile status," which would
have protected him under the 1910 statue.
Hopefully, once the case is remitted to the new Immigration Adjudicator
it will be dealt with expeditiously."
B'nai Brith Canada has legal intervenor status in the case against Josef Nemsila and will be arguing against certification of today's ruling by Justice Jerome.
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